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National Judicial Education Program

National Judicial Education Program

Overview

The National Judicial Education Program (NJEP) is a unique, award-winning project which pioneered judicial education about gender bias and was the catalyst for and advisor to over 50 high level state and federal task forces on gender bias in the courts nationwide.

The National Judicial Education Program (NJEP) educates judges, attorneys, and justice system professionals about the ways in which gender bias can undermine fairness in criminal, civil, family, and juvenile law. NJEP has a particular focus on sexual assault cases and cases involving the intersection of sexual assault and domestic violence. NJEP creates resources and provides training on these issues to promote the fair adjudication of these cases.

Issues

Fair Adjudication of Sexual Assault Cases

In sexual assault cases, deeply held stereotypes and misconceptions can undermine fairness in the court systems, especially in cases where the victim and perpetrator know each other, which are the vast majority of cases. Justice system professionals, including judges, attorneys, law enforcement officers, probation and parole professionals, and victim advocates require factual information about the realities of sexual assault in order to ensure that these cases are handled fairly. NJEP provides training and has created educational resources to promote the fair adjudication of these cases, and to help the justice system develop techniques to minimize victim re-traumatization while safeguarding the rights of the defendant.

Intimate partner sexual abuse (IPSA) is an often-overlooked aspect of domestic violence cases with important implications for courts, service providers, and law enforcement. IPSA encompasses a continuum of behaviors—from verbal degradation relating to sexuality to felony-level sexual abuse and torture. Domestic violence and sexual assault are often treated as distinct forms of violence running parallel but never intersecting, when in reality many abusers who perpetrate physical abuse also subject their victims to sexual abuse. IPSA has in part received so little attention because marital rape was not considered a crime in the United States until recently. NJEP works to ensure that victims of domestic violence who are also victims of sexual abuse are identified and receive the additional protection and services they need.

Task Forces on Gender Bias in the Courts

NJEP was the catalyst for and advisor to over 50 high-level task forces established by state chief justices, state supreme courts, and federal circuit councils to examine gender bias in their own court systems and recommend reforms. The task forces documented discriminatory court decisions, policies, and practices. They made numerous recommendations to eradicate these barriers to fair adjudication and fair employment in the courts.

Sexual assault cases present a unique challenge for the judiciary. They are unique in that they are beset with a myriad of deeply held stereotypes and misconceptions that can undermine the judicial process. To assist new judges, NJEP canvassed judges across the country who had attended NJEP programs to ask what these judges wished they had known before they presided in an adult victim sexual assault case, or a case of co-perpetrated sexual abuse and domestic violence. Judges Tell presents these judges' 25 points followed by commentary and sources.

The following suggestions were developed by judges from more than 25 state and tribal jurisdictions who attended presentations of the National Judicial Education Program’s Understanding Sexual Violence curriculum. During these presentations judges were asked how they could incorporate the material explored into their role as judges during the pre-trial, trial, and sentencing phases of an adult victim sexual assault case. Their ideas are summarized here. Since laws and procedures vary, these ideas may or may not apply to your jurisdiction.

In conjunction with Teen Dating Violence Month 2016, happening this February, Legal Momentum is pleased to announce the release of a new set of educational materials for judges, courts, court-related professionals, schools, parents, teens, and the community to learn about the dangers and conseque